Reso 2021-3279 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax uncovered for the City's Representative inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the City's Representative or the City, be uncovered for the inspection of the City's Representative or the City. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the City. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting Work 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the City's Representative or the City as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement to the City for the City's Representative services and expenses made necessary thereby. 11.2.2 If within one (1) year after Final Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the City. This obligation shall survive final payment by the City and termination of this Contract. With respect to Work completed after Final Completion, this one (1) year obligation to specifically correct defective and non- conforming Work shall be extended by the period of time which elapses between Final Completion and acceptance of the subject Work by the City and the City's Representative. Should any Work be deemed defective or not in accordance with the Contract, and the Contractor fails to correct it as provided by this paragraph 11.2.2, the City will consider the Contractor in default, which may affect the Contractor's eligibility for future contracts. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one-year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 The City May Accept Defective or Non -conforming Work 11.3.1 If the City chooses to accept defective or non -conforming Work, the City may do so. In such event, the Contract Price shall be reduced by the greater of: (a) the reasonable cost of removing and correcting the defective or non -conforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or non- conforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for its acceptance of defective or non -conforming Work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or non -conforming Work. 29